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it is sufficient to shew the teste of not, after his return to the state, it, without continuance till the de- maintain an action for rent which claration. Finch 8. Wilson one, had accrued prior to the 28th Ocoand in error. 1 Wils. 167.
ber, 1779; nor could he set off the 6. Attachment upon an award of the rent against the demand of the
three foremen, a verdict being giv- plaintiff in the suit against him. en for security. llall v. Mister. 1 Sleght v. Kane. 2 Johns. Cas. 236. Salk. 84.
. Where a person whose real name No attachment for a voluntary es- Joshua Temple De St. Croir, was cape. The Gaoler of Shrewsbury's convicted and attainted under the 1 Str. 532.
act of the 22d October, 1779, liy the 8. Against a witness, subpænaed, name of Joshua De St. Croix, it was
without a tender of expences, but held that the proceedings under the coming to the assizes, and refusing act were to be governed by the rules to be sworn, refused. Bowles and in cases of attainder, and not by the Johnson, 1 Black. 36.
ordinary course of judicial proceedings; that the conviction contained
. an imperfect or incomplete descrip ATTAINDER.
tign of the person, which might be
supplied by proct; and that the 1. Attainder of treason by commis- identity of the person was a matter
sion on 28 H. 8. c. 15. works cor- of faci to be ascertained by a jury, ruption of blood.
The King v.
Jackson, er dem. St. Croir v. Sands. Morphes. 1 Salk. 85.
2 Johns. Cas. 267. 2. One attainted of treason in coun. 8. Aliter, where the description
terfeiting the coin, on stat. 8 and 9 the person is false or repugnant to Will. 3. shall forfeit his lands, truth. Ibid. though corruption of blood is saved 9. By the act of attainder, of the 230 by that act. Sir Salathiel Lovell's October, 1779, estates upon coudi
in Dom. Procerum. 1 Salk. 85. tion, did not become forfeited; or 2. An attainted person charged in a vest in the people of the state.
civil suit by leave of the chief jus- Jackson, ex dem. Gratz v. Catline tice, not to be discharged on motion. 2 Johns. Rep. 248. Ramsay and Macdonald. 1 Black. 10. Where a person had purchased 30.
land at sheriff's sale, but did not 4. A tenant for life, remainder to B. pay the money, and the deed had
in fee; A. is attainted; King seizes; been delivered as an escrow, until B. may enter on tļie King; other- the money was paid, and the purwise if an office had found A. seiz- chaser was, afterwards, attainted ed in fee. Lynch v. Coote. 2 Salk. without having performed the con 469.
dition, it was held, that the state 5. The wife of a person attainted une could not, by paying the mone!
der the act of the 22d October, 1779, perform the condition, so as to vest is entitled to dower out of the es- the land in the person attainted. tate of her husband, which has be- Jackson, ex dem. Gratz r. Catli! come forfeited. Palmer v. Horton. 2 Johns. Bep. 2+s. 1 Johns. Cas. 27.
11. A person attainted under the act. 6. Where a person was convicted is considered as ciriliter nortuuk,
under the act of forfeiture and at- Ibid. tainder, passed the 22d October, 12. A person who removed within the 1779, of adhering to the enemies of British lines during the American the state, and all his property, real war, and died there in June, 1777, and personal, was declared to be was presented by the grand jury, forfeited; it was beld that he could and indicted the 5th May, 1780, UE
der the act of attainder, of the 22d October, 1779, for an offence charg
ATTORNEY. ed to have been committed on the 15th April, 1777; and being con- I. Admission and Clerkship, Rules vieted, judgment was signed on the as to, and Cartificates. 14th July, 1783, and his estate for- II. His Bills, Taxation and payfeited and sold. In an action of ment of ejectinent, brought against persons,
III. His Privileges. deriving title under the sale by the IV. Summary Jurisdiction of the commissioners of forfeitures, it was
Court over. held, that the proceedings were re
V. His liability on undertakings. gular, according to the aet, and VI. Other Points relative to. were not now to be questioned, and that the judgment was valid and ef- I. Admission and Clerkship, Rules as feetual. Jackson, ex dem. Williams
to, and Certificates. and others v. Stokes and Thomson, 3 Johns. Rep. 151.
1. Attorney admitted on special cir13. By the act of attainder and
cumstances, Fletcher's case. fiscation, of the 22d October, 1779,
Black. 734. Carter's case. Ibid. a mere condition did not become for- 957, feited so as to vest in the people of 2. Attorney of B. R. having by mere the state the right to perform it. collusion, and with intent to secure Catlin v. Jackson, ex dem. Gratz the business arising from the prisand others, in error.
8 Johns. Rep.
oners, taken one of the turnkeys of 520.
the King's Bench prison for his arth Where a person purchased land ticled clerk, the articles were canat sheriff's sale, in 1774, and a deed
celled in court. Frazer's case. 1 was delivered to a third person, to
Burr. 291. be delivered to the grantee, on pay- 3. Attornies' names and places of ament of the purchase-money, and bode, or office in town, to be enterthe purchaser did not pay the mo- ed in a book for that purpose at the ney, but was, afterwards, attainted, master's officer; and service of poand his estate confiseated in 1779, tices, &c. at the place last entered, it was held, that the estate could shall be deemed good. Anonymous. 10t, in 1789, by paying the money,
Lofft, 357. perforin the condition, or devest the 4. Articled clerk performing all his estate which remained in the origin- master's business, may at leisure al debtor or his heirs. Ibid.
hours work for wages with another 15. A person whose estate was confis- attorney. Blunt's case. 2 Black. cated during the late war,
under 764. act of the legislature of Connecticut, 5. Whether a man is an attorney or for adhereing to the British govern- not must be tried by record. Forsment, cannot sue here to recover a
Cale. 1 Str. 77. debt, vested by that confiscation in 6. If an attorney has been struck off the state of Connecticut, although the roll, (though at his own request, Do proeeedings were bad on the and called to the bar, the court will part of the state, to reduce the debt not permit him to be put on the roll into possession, before the treaty of again ; at least not unless he has peace. 1 Dallas, 400,
been disbarred upon application for that purpose to the Inn of court where he was called. Er-parte Cole. 1 Douglas, 114. The King v. Greenwood 1 Black. 222, the same point.
he is sworn,
The court will lay an attorney who or in the exchequer) must, before has been struck off the roll at his
file with the secondary own instance, and applies to be re- his articles of cherkship, with the stored, under the terms of taking no affidavit of the execution thereof, advantage of his privilege in any
and of due service under the same, action then pending 1 Douglas, and that the notices have been gir. 114, n.
en required by the rule 31 G. 3. 1
1 (And see AGREEMENTS II. PRAC- Bos. & Pull. 80. TICE X.
Prisoner I. Set OFF, 11. The stat. 2 G. 2. c. 23. requiring Witness II.)
(as a previous qualification to being m. No attorney employed as a writer admitted as an attorney) that the
or clerk by any other attorney shall, party shall continue in the service of during such employment, take or the attorney to whom he was artihave any
clerk under articles; and cled for five years, is not complied no service to such attorney shall be with by the clerk serving part of the deemed good. No person articled time with another attorney with his to an attorney shall serve the agent master's consent, and the rest of the of such attorney under such articles time with his master. Ex-parte longer than one year of his clerk- Hill, one, &c. 7 Term Rep. 456. ship; and such service beyond that 12. A solicitor in chancery may practime shall not be good. Any per
tice in the equity side of the exson applying to be admitted an at- chequer without being admitted : torney of B. R. who has not been solicitor in the latter conrt. admitted an attorney or solicitor of dowcroft v. Holbrooke. 1 II. Blackany other court, shall for o!e full stone, 50. term, previous to application to be 13. The stat. 23 G. 3. c. 80. which admitted, luse his name and place gives a penalty against attornies of abode, and the name and place prosecuting or defending, without a of abode of the attorney to whom certificate, a suit in any court holdhe was articled, to be aslixed, in le- ing pleas, where the debt or damage gible characters, on the outside of shall amount to 40s. or more, does the court of B. K. where public no- not extend to the sheriff's court ; tices are usually affixed, and in a though an attorney prosecute a suit conspicuous place in the chambers there by virtue of a writ of justices of each of the judges of the court, for more than 40s. Cross v. Kay and in the King's Bench O.lice; 6 Term Rep. 663. otherwise he cannot be admitted an 14. A common informer may recover attorney. Reg. Gen. 4 Ter in Rep. penalties against an attorney for not 379.
entering his certificate according to 8. This rule extends to services per- the provisions of 37 G. 3. c. 90. 3.
formed before as well as after Mi- 26., though no such power is er
chaelmas term. 4 Term Rep. 192. pressly given to him by that statute; 9. No person can be admitted an at- for the 23 G. 3. C. 80. which gives
torney, unless one full term previ- that power, and the 37 G. 3. C. 90. ous to the term in which he applies are in pari materia. Davis v. E! to be admitted he enter in a book mondson, (in error.) 3 Bos. f. Pullat each of the judge's chambers his 382. nume and place of abode, and also 15. A certificate of clerkship liy an althe name and place of abode of the torney must state, that the clerk has attorney to whom he has been arti- served his clerkship regularly in the
cled. Reg. Gen. 5 Term Rep. 368. office of the attorney. 3 Johns. Rep. 10. Every person adınitted an attor- 261.
ney of C. P. (not being an attorney 16. An attorney's certificate of clerkof K. B. or a solicitor in chancery ship that s. B. had studied in his
office, at a different place from that leave of the court, will be good. in which the attorney resided, under Powell and Little. i Black. 8. his direction and advice, was held 11. If an attorney's bill has been deirregular; and that the practice of livered a month, and not referred having different offices in different for taxation, the defendant, (in an places is improper. 4 Johns. R. 191. action brought upon it,) shall not
be permitted to question the reasonII. His Bills, Taxation and Payment bleness of the items at nisi prius,
nor before the sheriff:
Frith. 1 Douglas, 198. Hooper v. 1. Reference of attorney's bill to the Till. Ibid. 198.
master. Gregg's case. 1 Salk. 89. It is not necessary that an attoruey's 2. An attorney's bill must be deliver- bill should have been delivered a
ed on the 3 Jac. 1. e. 7. before any month to entitle him to set it off in action brought. . Clark v. Godfrey. an action brought against him, it 1 Str. 633.
being sufficient for that purpose if 3. Stat. 3 Jac. 1. c. 7. extends only to it has been delivered long enough to
attories of the courts at Westmin- have been taxed. Ibid. 199. ster. Berkenhead v. Fanshaw. 1 If part of an attorney's bill is for buSalk. 86.
siness done in court, and the rest 4. Clerk in courts bill included in at- for conveyancing or parliamentary
torney's, and taxed together with it, business, the master has power to ordered after attorney's death, to be tax the whole. Ibid. 199. paid by client to clerk in court, and But not if the whole is for conveyancremainder to the attorney's execu- ing, &c. Ibid. 199. trix. T'he King y. Smollet. The 12. The court will refer an attorney's
King v. Hamilton. 3 Burr. 1313. bill to be taxed, though all the busi5. An agent's bill cannot be taxed. ness be done at the quarter sessions. Anon. 1 Wils. 266.
4 Term Rep. 6. But an agent's bill to an attorney 496.
in the country may be taxed by the 13. An attorney cannot maintain an master. Dixon v. Plant. 1 Dou- action for such a bill, unless he has glas, 199.
first signed and delivered it. Clarke 7. An action cannot be brought upon
V. Donovan. 5 Term Rep. 694. an attorney's bill until a month af- 14. And as the statute requires that
ter the delivery. Anon. Lofft, 341. the bill should either be delivered 8. An attorney may obtain an order to the party personally, or "left at to stop his client from receiving mo- his dwelling or last place of abode :"> ney recovered in a suit in which he leaving it at his counting-house is was employed for him, till his bill
not a good delivery. 2 Bos. & Pull. is paid; but he must give notice to 343. the defendant not to settle. 1 Dou- 15. And it must be left in the custoglas, 238.
dy of the defendant.
Brooks V. 9. Unless such notice is given, the Mason. 1 H. Black. 290.
parties may compromise the debt 16. To maintaju an action by one at. and costs, and the plaintiff release torney against another, for business the defendant, without the interven- done by the plaintiff for the defendtion of the plaintiff's attorney, who ant before the defendant became an in such case will have no remedy attorney, it is not necessary for the for his bill against the defendant. plaintiff
' to leave his bill signed, the Welch v. Hole. 1 Douglas, 238. stat. 12 G. 2. c. 13. applying to the 10. Payment to the plaintiff's late at- case of both parties being attornies torney, who is changed without when the action is brought. Ford 20
v. Naxwell. 2 H. Black. 399.
17. If any part of an attorney's bill ation, the defendant cannot on the
be for business done in the court, trial dispute the reasonableness of the bill must be delivered a month the charges. Anderson v. May. 2 before the aetion is brought, other- Bos. & Pull. 237. wise the plaintiff cannot recover, 26. And a copy of the bill is good ev. though some of the items be for bu- idence without notice to produce the siness not taxable. Winter v. Payne. original. 2 Bos. f. Puli. 237. 6 Term Rep. 645. Hill v. Hum- 27. Il judgment for the plaintiff on an phreys. 2 Bos. f Pull. 343.
attorney's bill be affirmed in the 18. Seinble this rule would hold though exchequer chamber, that court will
some of the items were wholly un- not allow interest. Walker V. Bayconnected with the plaintiff's profes- ley (in error.) 2 Bos. & Pull. 219.
sional capacity. 2 Bos. 8. Pull. 345. 28. Though the court will not inter19. But if an attorney have a demand fere on behalf of an attorney, and
for taxable business, and also for prevent the plaintift's settling his conveyancing, and deliver no bill, own cause without first paying the it seems he might recover for the attorney's bill, yet when the adverse conveyancing only. 2 Bos. f• Pull. party, against whom a judgment has 315.
been obtained, applies to get rid of 20. Charges for “ drawing an affida- that judgment the court will take
vit of debt, and getting it sworn," care that the attorney's bill is satare for business done in the courts. isfied. Mitchell v. Oldfield.
4 6 Term Rep. 645.
Term Rep. 123. 21. The statute 2 G. 3. c. 23. being 29. If the defendant's attorney pay to
beneficial to the subject, ought to the plaintiff the debt and costs rereceive a liberal construction. 6 covered after notice from the plainTerm Rep. 646.
tiff's attorney not to do so till his 22. An attorney is not liable to pay bill has been first satisfied, the for
the costs of taxing his bill under mer is liable to pay over again to the stat. 2 G. 2. c. 23. 8. 23. where the latter the amount of his lien on the deduction of one sixth is occa- such debt and costs of the suit. sioned, not by the particular items Read v. Dupper. 6 Term Rep. 361. being taxed, but by a whole branch 30. The lien of the plaintiff's attorof it being disallowed. White v. ney on the debt and costs recovered Milner. 2 H. Black. 357.
in the cause must be satisfied be23. The court of C. P. refused to stay fore the defendant is entitled to set
proceedings in an action on an at- off the costs recovered by him in torney's bill brought subscquent to another cause against the plaintiff, the order of a judge of K. B. for its ou a summary application to the taxation, but previous to the taxa- court. Randall v. Fuller. 6 Term tion having taken place. Steren- Rep. 456.
ton v. Watson. 1 Bos. & Pull. 365. 31. An attorney has a lien for his bill 24. On the taxation of costs, the court of costs, on money levied by the
of C. P. held delivery of an attor- sheriffunder an execution on a judg. ney's bill to be conclusive evidence ment recovered by his client, and is against an increase of charge in a entitled to have it paid over to him, subsequent bill on any of the items notwithstanding the sherift' has had contained it: and strong presump- notice from the party against whom tive evidence against any addition- the execution issued to retain the al iteins. Loveridge v. Botham. 1 money in his hands, and that the Bos. & Pull. 49.
court would be moved to set aside 25. So when the bill has been deliver- the judgment for irregularity; and ed a proper time before the action
notwithstanding a docquet has been brought, and never referred for tax- struck against the client becoming